Donah v. Champlain Valley Physicians Hospital Medical Center

Appeal from an order of the Supreme Court at Special Term, entered August 9, 1979 in Clinton County, which dismissed the second, third and fifth causes of action of plaintiffs’ complaint against defendant Champlain Valley Physicians Hospital Medical Center. The complaint in this action is primarily based on theories of malpractice. The second cause of action is one for assault against the defendant hospital for the action of a physician in inserting a tube into the infant plaintiff’s throat shortly after birth. The third cause of action is *969the parents’ derivative claim arising from the…